BASANT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This revision has been preferred by the revisionist, who is the driver of the vehicle, i.e. the Truck bearing registration number USK 4218. The case of the prosecution before the Court below was that an accident has taken place on 21/3/2006, and as per the version of the complainant Mr. N.K. Bansal, who has lodged the first report, he has submitted that while his relatives who were travelling by a Maruti Car bearing registration number UP13 F 1995, which was moving towards Bulandsahar Bus Adda, it met with an accident with the truck in question as a consequence thereto two persons had met with the sad demise on the spot in the accident, namely, Puneet Kumar Goyal and Islam. As a consequence of the registration of the FIR No. 120/06, which was registered on 21/3/2006, it shows that the revisionist was responsible for the accident as his truck has colluded with the Maruti Car resulting into the death of the two persons and hence in the complaint thus registered on 21/3/2006, he was sought to be prosecuted by the complainant.

(2.) On the registration of the First Information Report, an investigation was conducted and the Investigating Officer has submitted a chargesheet which was being chargesheet number 23/06 dtd. 13/3/2006, which is shown to have been recorded after examining as many as 15 witnesses of the occurrence and consequently, as per contents of the chargesheet, it was observed that the offence under Sec. 279 and 304A IPC as against the present applicant was made out. Ultimately, on submission of the chargesheet, the cognizance was taken and Criminal Case No. 1046 of 2011, State v. Basant was registered before the Additional Chief Judicial Magistrate, Rishikesh, District Dehradun under Sec. 279 and 304A IPC.

(3.) Apart from the fact of narration of the circumstances and the manner in which the accident has occurred and its consequences which has been dealt with by the learned trial Court in its judgement, with regard to the occurrence of the accident on 21/3/2006, and the death of the two persons, it has observed that as per the prosecution story apart from the oral examination of PW1, the complainant N.K. Bansal, it is contended that there were other three eyewitnesses of the accident namely, Umesh Kumar, Nathu Ram and Salim.